4. Alliance for Retail Energy Market/Electric Service Provider Issues

In its protest and at the PHC, AReM raised several technical issues related to the ability of Electric Service Providers (ESPs) and their customers to participate in Commission-approved Demand Response activities run by the utilities or by aggregators under contract with the utilities. The scoping memo in this proceeding directed the applicants, AReM, and other parties intending to address these issues in testimony, cross-examination at hearings (if necessary), or in briefs to participate in a settlement conference to address the need for improved coordination among ESPs and utilities, and to file a joint status report on aggregator issues by December 22, 2008. A settlement conference to discuss ESP issues was noticed to all parties in A.08-06-001 et al. and held on December 10, 2008. According to the joint status report filed on December 22, 2008, in compliance with the scoping memo, AReM, all three utilities, DRA, the Energy Users Forum, and EnerNOC participated in the settlement conference. As a result of these efforts, AReM and the utilities "informally resolve[d] all the issues raised by AReM in A.08-06-001 et al."⁸

No parties to this proceeding objected to this voluntary agreement, and AReM and the utilities withdrew their previously served testimony relating to these issues, which was not entered into the record. We agree that no further issues related to AReM's initial protest must be resolved in this proceeding, and so ESP and Direct Access issues are not further addressed in this decision.

⁸ Joint Status Report on Energy Service Provider Issues, filed December 22, 2008, p. 3.